ASLAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard.

(2.) On 10-7-1998 at about 8.00 P.M., Smt. Jahuri wife of Aslam - petitioner, along with her daughter and two sons jumped into the well and thereby they were killed. As per Subhan Deen who is Jauhari's father, his son-in-law, Aslam was not happy with the dowry given to Jauhari in marriage although he had given dowry worth Rs. 1,50,000/- in her marriage. As per him, other members of the family of Aslam i.e. his brothers, father, mother and Akhtri wife of his brother started harassing her after a few days of her marriage saying that the dowry articles brought by her were inadequate. As per him, birth of a daughter and two sons to her also did not dissuade them from giving up that feeling. On 9-7-1998 as per her father, they asked him to give Rs. two lakhs or a Maruti Car or else they would kill his daughter. He expressed his helplessness in fulfilling this demand and returned to his village. On 10-7-1998 at about 8.00 P.M. someone came to his village and told him about the said tragedy.

(3.) Learned counsel for the petitioner submits that the marriage was about 10 years old as that daughter is shown to be born on 22-10-1989 in the register of births and deaths maintained by the Registrar of Births and Deaths, Gurgaon. He submits that case was registered under Section 304-B, I.P.C. and as a result of investigation they found the case to be one under Section 306 of the Indian Penal Code. He further submits that it is not known what was instigation to that woman at the crucial time before she made up her mind to jump into the well along with her children and further whether that instigation was sufficient enough to abet her to the taking of that course. He further submits that the story being putforth by her father in F.I.R. is concocted one. They are very poor and unable to afford Car as they are labourers